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The 2013 Review of the Evidence Act 2006 - Report 127
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Contents
General Information
Letter to Minister
Foreword
Acknowledgements
Chapter 1 - Initial review under section 202: background, purpose and guiding principles
The Evidence Act 2006
Initial review under section 202
Previous Law Commission advice on the Evidence Act 2006
Our process and consultation
Submissions and feedback
Our approach
Matters not considered in this report
Structure of this report
Chapter 2 - Preliminary provisions (Part 1 of the Act)
Introduction
Status of the common law under the Act
Chapter 3 - Hearsay, defendants’ statements and co-defendants’ statements
Introduction and background
Hearsay
Defendants’ statements
Co-defendants’ statements
Chapter 4 - Improperly obtained evidence
Introduction and background
The section 30 balancing exercise
Chapter 5 - Previous consistent statements
Introduction and background
Use of a previous consistent statement once admitted
When is a statement “consistent”?
Continuing problems with section 35
Options
Chapter 6 - Veracity and propensity evidence
Introduction
Development of the veracity and propensity provisions in the Evidence Code and the Act
Law Commission’s 2008 report into prior convictions and allegations
Law Commission’s 2010 advice to the Minister of Justice
Evidence of veracity: issues
Propensity evidence: issues
Chapter 7 - Evidence of sexual experience of complainants in sexual cases
Introduction and background
Sexual experience of the complainant with the defendant
“Interests of justice”
Pre-trial notification procedure
Written reasons for section 44 decisions
Chapter 8 - Identification evidence
Introduction and background
Formal procedure in section 45
Observation evidence and directions under section 126
Chapter 9 - Conviction evidence
Introduction and background
Conviction evidence in criminal cases
Civil judgments as evidence in criminal proceedings
Chapter 10 - Privilege and confidentiality
Introduction and background
Legal advice privilege
Privilege for settlement negotiations and mediation
Medical privilege and confidential information
General privilege provisions
Chapter 11 - Trial process (Part 3 of the Act)
Introduction
Eligibility and oaths and affirmations
Questioning of witnesses
Vulnerable witnesses
Witness anonymity
Judicial directions
Evidence of foreign law
Recommendations
Chapter 2 Preliminary provisions (Part 1 of the Act)
Chapter 3 Hearsay, defendants’ statements and co-defendants’ statements
Chapter 4 Improperly obtained evidence
Chapter 5 Previous consistent statements
Chapter 6 Veracity and propensity evidence
Chapter 7 Evidence of sexual experience of complainants in sexual cases
Chapter 8 Identification evidence
Chapter 9 Conviction evidence
Chapter 10 Privilege and confidentiality
Chapter 11 Trial process (Part 3 of the Act)
Appendix 1 - List of submitters
Appendix 2 - Briefing on the operation of the veracity and propensity provisions
Appendix 3 - Briefing on R v Barlien [2008] NZCA 180 and section 35 of the Evidence Act 2006
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Chapter 3
Hearsay, defendants’ statements and co-defendants’ statements
Introduction and background
Hearsay
Defendants’ statements
Co-defendants’ statements
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